A warning to everyone who deals with a trust

The recent case of Nieuwoudt & another NNO v Vrystaat Mielies (Edms) Bpk 2004 (3) SA 486 (SCA) has raised questions regarding the applicabilityof the doctrine of constructive notice and the so-called Turquand rule to trusts. The doctrine of constructive notice and the Turquand rule form part of the common law governing companies.

Reference:

Jooste, R. (2005). 'A warning to everyone who deals with a trust': notes. South African Law Journal, 122(1), p-66.